How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 6362
Experience:  Dual qualified Solicitor and Attorney
65242892
Type Your Law Question Here...
Jeremy Aldermartin is online now

I've recently been refused the granting of a premises

Customer Question

Hi I've recently been refused the granting of a premises licence as it falls in the council CIA zone but the police originally said they would grant it is food led which we agreed to on day of hearing and can only have a drink if purchasing food. So do you think its worth taking to appeal at magistrates
JA: Where are you? It matters because laws vary by location.
Customer: York
JA: What steps have you taken so far?
Customer: We reduced hours reduced courtyard use took off live and recorded music and agreed to food led drink only with food
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thats it so far thanks
Submitted: 7 months ago.
Category: Law
Expert:  Jeremy Aldermartin replied 7 months ago.

Hi thank you for your message, sorry what do you mean by CIA?

Customer: replied 7 months ago.
Cumulative Impact assessment - it used to be more commonly know as CIZ
Expert:  Jeremy Aldermartin replied 7 months ago.

Hi thank you for your message, well it would be down to you to appeal again. Looking at the council's Statement of Licensing Policy and Cumulative Impact Assessment document it would appear that they require the "applicant wishing to obtain a new licence or vary a licence for premises, within the cumulative impact area, must demonstrate through the operating schedule, the steps that they intend to take so that the Council and responsible authorities can be satisfied that granting a new or varied licence will not add to the cumulative impact already being
experienced." Therefore, it seems likely that you need to continue to work on that part of the application, I note for example that you got tacit police approval but the guidance also indicates liason with the Public Protection Service (noise) team of the council therefore, it may be that you need their approval as well.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 7 months ago.
Thanks Jeremy what I really wanted your advice on whether you feel its worth pursuing at appeal as I've already paid for a barrister at hearing, and felt that we gave the police more than they originally asked for but still the committee refused
Customer: replied 7 months ago.
We provided an acoustic report for noise protection too
Expert:  Jeremy Aldermartin replied 7 months ago.

Hi thank you for your message, given the location in the CIA area you are definitely facing an uphill struggle to get a licence therefore, it is always going to be difficult. The wording in the council guidance for example states by "publishing an Assessment the Council is setting down a strong statement of intent about its approach to considering applications for grant and variation of premises licences or club premises certificates in the area described." That said, it is still open to the council to grant the licence but this is an exception to the strong statement of the assessment and policy. It is hard to see what further steps you could take to satisfy the council that you would not be adding to the noise impact in the area that said, you may wish to look at the location of noise complaints published by the council for example if you could demonstrate that there were no complaints on your particular street then this would help. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.